RULING
[1] This is an application by way of Notice of Motion dated 25th August, 2017, seeking to strike out and/or expunge from the Court record documents which were not served by the petitioner upon counsel for the 3rd respondent. The documents sought to be expunged from the record on grounds that they were not served are:
(a) Prof. Kaloki’s Affidavit referred to at paragraph 22 of the 1st petitioner’s affidavit sworn on 18th August, 2017 in support of the petition herein.
(b) Dr. Nyagasi Oduwo’s further Annexures marked as (DNO-1) being a copy of the Blank Form 34 A for Ruai Girls Secondary School Polling Station in Kasarani Constituency.
(c) Dr. Nyagasi Oduwo’s annexures labeled ‘Meru’ marked as (DNO-2A) in support of the averments contained at paragraph 12-69 of his Affidavit.
(d) Dr. Nyagasi’s annexures labeled ‘Trans Nzoia’ (DNO-3N) in support of the averments contained at paragraphs 70-137 of his Affidavit.
[2] In particular, the applicant seeks to expunge from the Court Record the f…